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HomeMy WebLinkAbout08-4019IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES POE AND CIVIL DIVISION JANE POE, Plaintiffs, VS. NO.: ® `7 19 G 1? r 4 c-r^ FORD MOTOR COMPANY, Defendant. COMPLAINT IN CIVIL ACTION Filed on behalf of Plaintiffs: Charles Poe and Jane Poe COUNSEL OF RECORD FOR THIS PARTY: Craig Thor Kimmel, Esquire Identification No. 57100 Robert A. Rapkin, Esquire Identification No. 61628 KIMMEL & SILVERMAN, P.C. 210 Grant Street, Suite 202 Pittsburgh PA 15219 (412) 566-1001 WRIT WAIVED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHARLES POE AND JANE POE, Plaintiffs, VS. FORD MOTOR COMPANY, Defendant. No.: 0 9?-- L10 ) q C ?Vl I fe- t'n NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within TWENTY (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are wamed ghat if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any d claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES POE AND JANE POE, Plaintiffs, VS. FORD MOTOR COMPANY, Defendant. CIVIL DIVISION No.: Q 8- 7619 CrVI ( i«r? COMPLAINT 1. Plaintiffs, Charles Poe and Jane Poe, are adult individual citizens and legal residents of the Commonwealth of Pennsylvania, 109 Hershey Road, Lot #4, Shippensburg, PA 17257. 2. Defendant, Ford Motor Company, is a corporation qualified to do and regularly conduct business in the Commonwealth of Pennsylvania, with its address and principal place of business located at 300 Renaissance Center, P.O. Box 43301, Detroit, MI 48243, and can be served at Office of the Secretary, One American Road, 10th Floor, Dearborn, MI 48126. BACKGROUND 3. On or about September 02, 2006, Plaintiffs purchased a new 2006 Ford Fusion , manufactured and warranted by Defendant, bearing the Vehicle Identification Number 3FAFP071264133944. 1 4. The vehicle was purchased in the Commonwealth of Pennsylvania and is registered in the Commonwealth of Pennsylvania. 5. The contract price of the vehicle, including registration charges, document fees, sales tax, finance and bank charges, but excluding other collateral charges not specified, yet defined by the Lemon Law, totaled more than 28,671.09. A true and correct copy of the contract is attached hereto, made a part hereof, and marked Exhibit "A". 6. In consideration for the purchase of said vehicle, Defendant issued to Plaintiffs several warranties, guarantees, affirmations or undertakings with respect to the material or workmanship of the vehicle and/or remedial action in the event the vehicle fails to meet the promised specifications. 7. The above-referenced warranties, guarantees, affirmations or undertakings are/were part of the basis of the bargain between Defendant and Plaintiffs. 8. The parties' bargain includes an express 3-year / 36,000 mile warranty, as well as other guarantees, affirmations and undertakings as stated in Defendant's warranty materials and owner's manual. 9. However, as a result of the ineffective repair attempts made by Defendant through its authorized dealer(s), the vehicle is rendered substantially impaired, unable to be utilized for its intended purposes, and is worthless to Plaintiffs. 10. During the first 12 months and/or 12,000 miles, Plaintiffs complained on at least three (3) occasions about defects and or non-conformities to the following vehicle components: paint peeling, oil leak. True and correct copies of all invoices in Plaintiffs possession are attached hereto, made a part hereof, and marked Exhibit "B". 2 COUNTI PENNSYLVANIA AUTOMOBILE LEMON LAW 11. Plaintiffs hereby incorporate all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein. 12. Plaintiffs are "Purchasers" as defined by 73 P. S. §1952. 13. Defendant is a "Manufacturer" as defined by 73 P.S. §1952. 14. Sutliff Capital is and/or was at the time of sale a Motor Vehicle Dealer in the business of buying, selling, and/or exchanging vehicles as defined by 73 P. S. § 1952. 15. On or about September 02, 2006, Plaintiffs took possession of the above mentioned vehicle and experienced nonconformities as defined by 73 P.S §1951 et seg., which substantially impair the use, value and/or safety of the vehicle. 16. The nonconformities described violate the express written warranties issued to Plaintiffs by Defendant. 17. Section 1955 of the Pennsylvania Automobile Lemon Law provides: If a manufacturer fails to repair or correct a nonconformity after a reasonable number of attempts, the manufacturer shall, at the option of the purchaser, replace the motor vehicle... or accept return of the vehicle from the purchaser, and refund to the purchaser the full purchase price, including all collateral charges, less a reasonable allowance for the purchasers use of the vehicle, not exceeding $.10 per mile driven or 10% of the purchase price of the vehicle, whichever is less. 18. Section 1956 of the Pennsylvania Automobile Lemon Law provides a presumption of a reasonable number of repair attempts if: (1) The same nonconformity has been subject to repair three times by the manufacturer, its agents or authorized dealers and the nonconformity still exists; or (2) The vehicle is out-of-service by reason of any nonconformity for a cumulative total of thirty or more calendar days. 3 19. Plaintiffs have satisfied the above definition as the vehicle has been subject to repair more than three (3) times for the same nonconformity, and the nonconformity remained uncorrected. 20. In addition, the above vehicle has or will be out-of-service by reason of the nonconformities complained of for a cumulative total of thirty (30) or more calendar days. 21. Plaintiffs have delivered the nonconforming vehicle to an authorized service and repair facility of the Defendant on numerous occasions as outlined below. 22. After a reasonable number of attempts, Defendant was unable to repair the nonconformities. 23. Plaintiffs aver the vehicle has been subject to additional repair attempts for defects and conditions for which Defendant's warranty dealer did not provide or maintain itemized statements as required by 73 P.S. § 1957. 24. Plaintiffs aver that such itemized statements, which were not provided as required by 73 P.S. § 1957 also include technicians' notes of diagnostic procedures and repairs, and Defendant's Technical Service Bulletins relating to this vehicle. 25. Plaintiffs aver the vehicle has been subject to additional repair attempts for defects and conditions for which Defendant's warranty dealer did not provide the notification required by 73 P.S. § 1957. 26. Plaintiffs have and will continue to suffer damages due to Defendant's failure to comply with the provisions of 73 P.S. § 1954 (repair obligations), 1955 (manufacturer's duty for refund or replacement), and 1957 (itemized statements required). 4 27. Pursuant to 73 P.S. § 1958, Plaintiffs seek relief for losses due to the vehicle's nonconformities, including the award of reasonable attorneys' fees and all court costs. WHEREFORE, Plaintiffs respectfully demand judgment against Defendant in an amount equal to the price of the subject vehicle, plus all collateral charges, attorneys' fees, and court costs. COUNT II MAGNUSON-MOSS (FTC) WARRANTY IMPROVEMENT ACT 28. Plaintiffs may resort or may have resorted to Defendant's informal dispute settlement procedure, to the extent said procedure complies with 16 CFR 703. 29. Plaintiffs aver that the Federal Trade Commission (FTC) has determined that no automobile manufacturer complies with 16 CFR 703. See, Fed. Reg. 15636, Vol. 62, No. 63 (Apr. 2, 1997). 30. Plaintiffs hereby incorporate all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein. 31. Plaintiffs are "Consumers" as defined by 15 U.S.C. §2301(3). 32. Defendant is a "supplier", "warrantor", and a "service contractor" as defined by 15 U.S.C. § 2301 (4),(5) and (8). 33. The subject vehicle is a "consumer product" as defined by 15 U.S.C. § 2301(1). 34. By the terms of its written warranties, affirmations, promises, or service contracts, Defendant agreed to perform effective repairs at no charge for parts and/or labor. 5 35. The Magnuson-Moss Warranty Improvement Act requires Defendant to be bound by all warranties implied by state law. Said warranties are imposed on all transactions in the state in which the vehicle was delivered. 36. Defendant has made attempts on several occasions to comply with the terms of its express warranties; however, such repair attempts have been ineffective. 37. The Magnuson-Moss Warranty Improvement Act, 15 U.S.C. §2310(d)(2) provides: If a consumer finally prevails on an action brought under paragraph (1) of this subsection, he may be allowed by the court to recover as part of the judgment a sum equal to the amount of aggregate amount of costs and expenses (including attorney fees based upon actual time expended), determined by the court to have been reasonably incurred by the Plaintiff for, or in connection with the commencement and prosecution of such action, unless the court, in its discretion shall determine that such an award of attorney's fees would be inappropriate. 38. Plaintiffs have afforded Defendant a reasonable number of opportunities to conform the vehicle to the aforementioned express warranties, implied warranties and contracts. 39. As a direct and proximate result of Defendant's failure to comply with the express written warranties, Plaintiffs have suffered damages and, in accordance with 15 U.S.C. §2310(d)(1), Plaintiffs are entitled to bring suit for such damages and other legal and equitable relief. 40. Defendant's failure is a breach of Defendant's contractual and statutory obligations constituting a violation of the Magnuson-Moss Warranty Improvement Act, including but not limited to: breach of express warranties; breach of implied warranty of merchantability; breach of implied warranty of fitness for a particular purpose; breach of contract; and constitutes an Unfair Trade Practice. 6 41. Plaintiffs aver that Defendant's warranty was not provided to Plaintiff until after the vehicle was delivered, making any and all limitations, disclaimers and/or alternative dispute provisions ineffective for a failure of consideration. 42. Plaintiffs aver Defendant's Dispute Resolution Program was not in compliance with 16 CFR 703 for the model year of the subject vehicle. 43. Plaintiffs aver that Defendant's warranty did not require Plaintiffs to first resort to a Dispute Resolution Program before filing suit. 44. Plaintiffs aver that upon successfully prevailing upon the Magnuson-Moss claim herein, all attorney fees are recoverable and are demanded against Defendant. WHEREFORE, Plaintiffs respectfully demand judgment against Defendant in an amount equal to the price of the subject vehicle, plus all collateral charges, incidental and consequential damages, reasonable attorneys' fees, and all court costs. COUNT III PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 45. Plaintiffs hereby incorporate all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein. 46. Plaintiffs are "Persons" as defined by 73 P.S. §201-2(2). 47. Defendant is a "Person" as defined by 73 P.S. §201-2(2). 48. Section 201-9.2(a) of the Act authorizes a private cause of action for any person "who purchases or leases goods or services primarily for personal, family or household purposes." 7 49. Section 1961 of the Pennsylvania Automobile Lemon Law, provides that a violation of its provisions shall automatically constitute a violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Act, 73 P. S. 201-1 et M. 50. In addition, the Pennsylvania Unfair Trade Practices and Consumer Protection Act, 73 P.S. §201-2(4), defines "unfair or deceptive acts or practices" to include the following conduct: (vii). Representing that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another; (xiv). Failing to comply with the terms of any written guarantee or warranty given to the buyer at, prior to, or after a contract for the purchase of goods or services is made; (xv). Knowingly misrepresenting that services, replacements or repairs are needed if they are not needed; (xvi). Making repairs, improvements or replacements on tangible, real or personal property of a nature or quality inferior to or below the standard of that agreed to in writing; (xvii). Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding. 51. Plaintiffs aver Defendant has violated these, as well as other provisions, of 73 P.S. §201-2 et M. 52. Section 201-3.1 of the Act provides that the Automotive Industry Trade Practice rules and regulations adopted by the Attorney General for the enforcement of this Act shall constitute additional violations of the Act. 53. Defendant's conduct surrounding the sale and servicing of the subject vehicle falls within the aforementioned definitions of "unfair or deceptive acts or practices." 54. The Act also authorizes the Court, in its discretion, to award up to three (3) times the actual damages sustained for violations. 8 WHEREFORE, Plaintiffs respectfully demand judgment against Defendant in an amount not in excess of , together with all collateral charges, attorneys' fees, all court costs and treble damages. KIMMEL 4i SILVERMAN, P.C. By: Craig Th(ft Kft*el, Esquire Robert A. Rapkin, Esquire Attorney for Plaintiffs 210 Grant Street, Suite 202 Pittsburgh PA 15219 (412) 566-1001 VERIFICATION Craig Thor Kimmel, states that he is the attorney for the Plaintiffs herein; that he is acquainted with the facts set forth in the foregoing Complaint; that same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the Penalties of 18 Pa. C.S.A. §4904, relating to upswom falsifications to authorities. CRAIG THCK K 4MEL, ESQUIRE Attorney for aintiff Zip Code) AWELASPOEPOE 109 HERSHEY RD SHIPP NSBURG PA 17267 SUTLIFF CAPITAL FORD I000 PAXTON ST:PO SOX 1737 HARRISBURG, PA 17106 ie Buyer (and Go-Buyer N any) is referred to as-"you" or "your." The Seller/Greditor is reterrea to as 'we," "us or _ r. roll, may oay use venue oescnoea dow. for cash or on credit. The cash price is shown below as 'Cash Price.' The credit price is shown below as 'Total Sale Price.' By signing this contract, you oose to buy the vehicle on credit under the eements on the front and back of this: contract. iewlUsed Mileage Year and Make Model Vehicle Identification Number Use For Which Purchased 2006 [Versonal 11 Agricultural. NEW FORD FUSION 3FAFP07126RI33944 0 Commercial YOU L. Cash Price ..... .............. ......... ................. ...................... ................. S 910 , VEHICLE. 2. Down Payment 0AMAW ............ S?MIANIA . . Third Party Rebafb Assigned;to:SMw ............... . R CM ...:......:.... S e Cash Dowr+ P ..:...».:......... ...... .... .. 2>? LJ S 115E1?61 > > S --- BND?1 Trade-in $ Year A Make Gross Allowance • AmountAwing TOM Down payment ........ .......»... .. ... 0. OQ II UMIft ........ .. . .. .......:.....................5 3. Mnoad Balahm of Caah Price -(1!minus 2) .......» .............................5 - 26749. P) - E 4.: AM wftpaid-on yourbehal00ler?-maybe retaining a pordon.of thewemouttts} it :. LI To Publk Otlicials `NOY REa (i) for license (M 6.O® title (S 22, & AND WILL registration (S 20, 00), fees $ MIA (u) for filling fees S . 5-00 P (M) for taxes.(not.. in, cash Price) $ it/A $ 63 - GO- To- insurance ? for. Credit life kmlt r" (for term of contract). ..............................5 MIA radit Disability! Insurance (for term of contract) .... ......... .......; NIA MIA (Term _pjA Months) ......... ...$ Ills e bs A IA (Term _NIA Months) ............ $ .To SUILI:FF ..C-M, JAL Ffor 0M FEE $ sr., OO ?1ft M To for GAP $ To =@RERI 1 ORE ESP for EXT. SERVICE Es o6o OO_ To , for $ tit s m To ST OF PA for TIRE FEE $ A. t ?!e IA- To Total » $ -,1. ':?; fRrll?lrl?rc"4` - AtytQilft[ '? ?t ??; P Alf E CHAME Fittalriced fty ant Pty RATE The, anxMit of e. The .total cost The dollar amount credit provided YOU of Y l? The cost of your a ed the credit will s . .110 °r : l t _whan you Hand triads aq +?i4 s a yearly rate cr it t you co your behalf 9dikillmd payments ' (1--fin e 2RR71 _ _ e 29971 . _ it 2116 I Prepayment: If you pay off your debt early, you will not have to pay a penalty. Security Interest: You are giving a security interest in the vehicle being purchased. ;QUEiED TO INSURE THE IJ M1L1Y tA1N VEt?CLE "V AM- A PERSON OF E. . SUFU CE COVERAGE MY AND PROPERTY AM TO OTHEM IS NOT CIM LRY AND ?t3 fiO ?'fiAlltit CRIRDIT rt BE P:uwl.ss NB At3REE Tt3 °P/Llf 'THE -A- Lj Your last Mstai mern payiymiu unuer uns uvirudut is a uanuun paymt"n. EXCESS WEAR, USE AND MILEAGE CHARGES If the box directly above is checked, this section, Paragraph B, and Paragraph C of this contract apply. You may be charged for-excessive wear based upon our standards for normal use. If you exercise the option to sell the vehicle back to Seller under Paragraph B, you must pay the Seger $0. D er mile for each mile in excess of ilex; shown on the odometer. EXTRA MILEAGE OPTION CREDIT If- this contract. ..contains a balloon. payment (as indicated above), and you have exercised your Onion to sell. the vehicle to the Seiler under Paragraph B, this paragraph applies to -your contract. At the scheduled end of this contract, You wig receive a credit of $0. per unused mile-for the number of unused miles . between and miles, less any amounts You owe under this contract You will not receive any credit.0 the vehicle is destroyed; this contract ends early, or you -are in default You will not receive 'any credit if the credit. is less than $1.00. Credit Life and Credit Disability insurance are for the term of the Contract. The amount and coverages -are shown In a notice or agreement given to you today. ?IN Debt Cancellation waiter Addendum (Optional) If this box is checked you have purchaseda debt cancellation waiver. Purchase of this coverage is optional and is not required to obtain credit. The terms and conditions of the debt t l ition waiver are set forth in, the attached Addendum which is incorporated trip this contract. The price for the debt cancellation waiver is set forth on This contract in the Itemization of Amount Financed under section 4. Buyer Signs NON-MODIFICATION DISCLOSURE Any dtange in this corMact must be in writing and signed by -you and the Seger. buyer `?L;? ?-'' Co-.Buyer X ci.nQ YAK!°'ACKNOWL-EIME_ THAT YO `HAVE'READ AND:AGREE TO" BE :8' . -811-THE Af INMATION -PROV i `ON THE RFEVEMSE- SM :OF THIS COWRACT. 't ha Aanutlil Verersntage Rate, may be- negatiatecl with -the Seller. The-Seiler :may assign this `corMwl and may retain its rigW to ncaN?e• a pcstm of the Finance ..Chwge. FC 17837.41 f0cf 90 tPl jow _&j6_ . NOT be wed.} . SEE OT14ER SIDE FOR ADDYr EMAL_ aGMEMENTS FC 1763741-S 17837-RM Jun 12 08 02A4 p Forresters Auto Body 717-261-0241 p.5 05/4'05/2007 at 03:36 PM Job Numbers 4478 83'-930 POR SMMR Lincoln ! Inc. Federal ID #:251195277 FORRESTER L/M AUTOBODY 1331 S Coldbrook Ave Chambersburg, ?A 17201 (717)261-01-01 Fax: (717)261-0241 PRBLIffiINh" ESTINR= Written By: CORY SUHRMAN Adjuster: In&WL*d: JANE POE Claim IWARRANTY Om+ br: JANE POE ]?*liar # Address: 109 HERSHEY RD Dedact3ble: SHIPPENSBURG, PA 17257 Date of Loss: Hnsiness: (717)532-9181x6423 Type of Loss: My: (717)530-0952 Point of Impact: IaspRct FORRESTER LINCOLN MERCURY INC. Business: (717)261-0101 I,ocatioi: 2331 S Coldbrook Ave Chambersburg, PA 17201 Iasatiratsoe Cafausy: Days to Repair 2006 FORD FUSION SE 6-3.0L-FI 4D SED Int: VZ11: 3MFP07126R133944 Lic: Ps:+od Date: ©dwmete :- 114)40 AL= Conditioning ' Rear Defogger ( _ Tilt Wheel Cruise Control ' Telescopic Wheel Intermittent Wip Keyless , Entry Clear Coat Paint Steering Wheel Controls P Dual Mirrors Power Windows ower Steering Power Brakes Power Mirrors Power Locks • Power Trunk/Tailgate Power Driver Seat AN FM Radio Stereo Radio Driver Air Bag 4 Wheel Disc Bra Passenger Air Bag k CD Player Front side Impact Air Bag es Cloth Seats Automatic Transmission Bucket Seats -------------------------- ---DESCRIPTION QTY - ------------------ ------------------- EXT. PRICE LABOR PAI117 1 ---- FENDER --- -------------------- ----- 2* Rpr RT Fender 3* Add for Clear Coat 0.3 1.1 -' 4# Operation# P10 2 0.0 5* Rpr LT Fender 6 Overlap Major Non-Adj. Panel 0.3 1.3 7* Add for Clear Coat -0.2 8# ------- --------- Operation# P10 --------------- 1 0.0 ---- -- Subtotals =--' --- --------------------- D.00 0.6 2.2 1 PLAINTIFF'S EXHIS R Jun 12 08 02:47yp FomWers Auto Body 717-261-0241 p.2 06/12/2008 at 01:55 PM Job Number: 83930 FORIUSTBR Ln=Lw 1zacuw xvc. Federal ID #:251195277 .fORRESTER L/H AUTOBODY 1331 S Coldbraok Ave Chammbersburg, PA 17201 (717)261-0101 Fax: (717)261-0241 PRBLDnaRY Bar1'1&= Written By: CORY BUHRHAN Adjuster: Insured: JANE POE Clain #Narranty Ow"r: JANE POE Policy # Addre#s: 109 HERSHEY RD Dedkustible: SHIPPBNSBURG, PA 17257 Date of Loss: D*y: (717)530-0952 Type of Loss: ensine#s: (717)532-9181z6423 Point off Impect: Iasp*Ct FORRESTER LINCOLN MERCURY INC. Bosiaess: (717)261-0101 Locati*n: 1331 3 Coldbrook Ave Chambersburg, PA 17201 Iasora*oe Company: Days to Repair 2006 FORD FUSION SE 6-3.OL-Fl 4D SED TO Int:A1 VIN: 31tA"07126R133944 LLc: GGY-6505 PA Psocl Date: Odometer 26179 Air Conditioning Rear Defogger Tilt Wheel Cruise Control ' Telescopic Wheel Intermittent Wipers Keyless Entry Steering Wheel Controls Dual mirrors Clear Cloat Paint Power Steering Power Brakes Power Windows Power Mirrors Power Locks Power Driver Seat Power Trunk/Tailgate AM Radio F4 Radio Stereo CD Player Driver Air Bag Passenger Air Bag 4 Wheel Disc Brakes Cloth Seats Front side Impact Air Bag Automatic Transmission Full Wheel covers Bucket Seats NO. OP. ------------------ DESCRIPTION ------------------- ----- --------------- QTY EXT. PRICE LABOR PAINT 1# - R ------ ------------------------- 2# Refn RT Fender 3# Operation# P10 1 1.1 4# R*I RT render detrim 0 9 5# Operation# P10D 1 . 6# Refn LT Fender 7# Operation# P10 1 I.i 8# R&I LT Fender detrlm 0 9 9# Operation# P10D 1 . 104 Clean 4 Prep for Delivery 1 0 5 11# Operation# F101 1 . Subtotals =_> ---------------------- 0 00 2 3 . . 2.2 1 Jun 12 08 02:47p Forresters Auto Body 717-261-0241 p,3 06/12/$008 at 01:55 PM 83930 Job Number: PBZLIIdID RY Z51110M 2006 FORD FUSION SE 6-3.0L-FI 4D SED T8 Int:Al Parts 0.00 Body Labor 2.3 hrs @ $ 70.75/hr 162.72 Paint Labor 2.2 hrs @ $ 70.75/hr 155.65 Paint Supplies 2.2 hrs @ $ 28.B5/hr 63.47 ---------------------------- SUBTOTAL $ 381.85 GRAND TOTAL $ 381.85 ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRA U LENT INSURANCE ACT, WHICH IS A CRINZ AND SUBJECTS THE PERSON TO CRIMINAL AND CIVIL PENALTIES. THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DOPE OR PARTS TO BE REPAIRED OR REPLACED:D-DISCONTINUED PART A-IAPPROXIMATB PRICE D-BODY LABOR D-DIAGNOSTIC B-ELECTRICAL F-P'RJU4E G-GLASS M--MECHANICAL P-PAINT LABOR S=STRUCTURAL T-TAXED MISCELLANEOUS X-NON TAXED MISC3 ZOUS ADJ=ADJACENT ALGN=ALIGN A/M-AFTERIRMMT BLVD=BLEND CAPA=C TIFIED AUTOMOTIVE PARTS ASSOCIATION D&R=DISCONNECT AND RECONNECT EST=ESTIMATE EXT. PRICE-UNIT PRICE MULTIPLIED BY THE QUANTITY INCL-INCLUDED MISC=MISCELLANEOUS NON-ADJ=NON ADJACENT O/R-OVZRHAUL OP-OPERATION NO=LINE NLIKBER IRTY=QUANTITY QUAL RECY=QUALITY RECYCLED PART QUAL REPL-QUALITY R3PL&CZM1M PART COMP REPL PARTS- COXPETITIVE REPLACEMENT PARTS RECORD-OCONDITION RZFN=RZFINISH REPy=REPLACS R41-g 40VZ AND INSTALL R&R-REM{OVE AND REPLACE RPR=REPAIR RT=RIGHT SBCT-SECTION SUBLwSUBLET LT=LEFT W/O=WITOOUT W/ =WITH/ 8=MANUAL LINE ENTRY *--OTHER [IE..MOTORS DATABASE INFORDOXON WAS CHANGED]. **=DATABASE LINE WITH AFTERMARKET N=NOTES ATTACHED TO LINE NAGS-NATIONAL AUTO GLASS SPECIFICATIONS. MQVP-MANUFACTURRER'S QUALITY AND VALIDAT40N PROGRAM.OPT OEM=ORIGINAL EQUIPMENT MMEACTURER PARTS EITHER OPTIONALLY SOURCED OR OTHERWISE PROVIDED WITH SOME UNIQUE PRICING OR DISCOUNT. NwcrP-NATIONWIDE CRASH PARTS PROGRAM. THE ATTACHED ESTIMATE REPRESENTS AN APPRAISAL OF THE COST OF REPAIR FOR THE VISIBLE ',DAMAGE TO THE VEHICLE NOTED AT THE TIME OF INSPECTION NECESSARY TO RETURN tHZ ti'EHICLZ TO ITS PREDAN];GED CONDITION. COSTS ABOVE THE APPRAISED AMOUNT MAY BE THE RESPONSIBILITY OF THE VESICLE OWNER. THERE IS NO REQUIREMENT THAT TAIL VEHICLE OWNER US$ ANY SPECIFIED REPAIR SHOP. INFORNJ?TZON REGARDING REPAIR FACILITIES WHICH WILL BE ABLE TO REPAIR THE VEHICLE FOR THE APPRAISED AMOUNT IS AVAILABLE FROM THE INSURANCE COMPANY. IF USED PARTS ARE SPECIFIED, THEY ARE REQUIRED TO BE OF LIKE KIND AND QUALITY TO THOSE BEING REPLACED. INCIDENTAL CHARGES SUCH AS TOWING, PROTECTIVE CARE, CUSTODY, STORAGE, DEPRECIATION, BATTERY AND TIRE REPLACEMENT ARE NOTED WHEN APPLXCABLE. 2 Jun 12 08 02.48p Forrestem Auto Body t N C OLN • hkrcury AXNO BODY 1331 so combwa Ate. Cb=nbwekvS, PA 17201 n7-261-0101 FL 717-061.0211 FAX Fl4v ik FUnaotobod dip=m-,t CUSTOMER NFORMATION Poe, ? we 109 klashey Rd Lot 4 Sburg, Pa 17257 VEH" !{FORMATION 2MQ FORD FUSION 3FAPM 1268133944 717-261-0241 p.4 Office Cop DATE ( R.O. NUMBER I [-st23)20071 4478 REFERENCE WARRANTY e 5300952 CHAR,L MPOE', •109,HER?HET RD SHfPPENSBURd, PA 17257 HOME:717-530-0952 BUS: 33486 INVOICE PAGE 1 SERVICE ADVISOR: ENG:3.0 Liter Any warranties on item/items sold hereby are those made by the manufacturer. The seller hereby expressly discialms warranties, either express or implied, Including any implied warranty of merchantability or fitness for a panic r purpose and neither assumes nor authorizes any other person to assume for it any liability in connectlon ith the sale of this item/items. CUSTOMER SIGNATURE PARSONS INTERSTATE FORD, LLC. 196 Wdnut Bottom Rd. ShOpeneburg, PA 17257 Phone: 717-532-8888 Toq Free: 888-438-3873 I LABOR AMOUNT I I PARTS AMOUNT GAS, OIL, LUKE MISC. CHARGES TOTAL CHARGES LESS INSURANCE SALES TAX PLEASE PAY THIS AMOUNT CIISTOMRR rnPV 5300952 CHAF-pES.1 POE' 10 9? HERSHEY RD SHfPPENSBURO, PA 17257 HOME:717-530-0952 BUS: 33486 PARSONS INTERSTATE FORD. LLC. 196 WMM Bottom Rd. INVOICE ShW*mbwg PA 17257 Phom: 717-532-MB Tog Free: 888-436-3673 PAGE 2 SERVICE ADVISOR: M99P PERFORM MULTI- ;;: ;...:..... .......... PARTS 0.00. LABOR: 0.00. OTHER _ 0.00 TOTAL LINE D• 0.00 ...:..:;:;:::;::.;........... .: .:.....:.:::.::.:: :..:............. ...:.........:.................. .......... ......................... :::::::...:.:.:...:::.....:.....::.:.:.:::::.::............,.:::... . ........................... ...:..:.:.:......... . .........:............ Any warranties on the sold hereby are those made by the manufacturer. The seller hereby . °" "'°"'• expressly disclaims all warranties, ehhw express or Implied, including any implied warranty of merchantability LABOR AMOUNT or fitness for a pa ular purpose and neither assumes nor authorizes any other person to assume for it any PARTS AMOUNT liability in connection with the sale of this item/items. GAS, OIL, LURE SUBLET AMOUNT CUSTOMER SIGNATURE X MISC. CHARGES TOTAL CHARGES LESS INSURANCE 0.00 SALES TAX 0 .00 PLEASE PAY THIS AMOUNT f) fl4a r"arrnmMu rnov 5300952 1 8 5 6 3 2 UNIT# 11-AO04 SUTLIFF CAPITAL FORD CHARLES W POE *INVOICE* 1000 Paxton Street P.O. Box 1737 CWA JANE A POE Harrisburg, PA 17105 109 HERSHEY RD (717) 233.4521 oa (711) 232-FORD (3673) SHIPPENSBURG, PA 17257 PAGE 2 FAX: (717) 213-2311 HOME:717-530-0952 BUS:717-267-9656 SERVICE ADVISOR: 1946 TINA BERTOLET 061 FORD FUSION 1 3FAFP07126R133944 IGGY- 6 TERMS: STRICTLY CASH UNLESS ARRANGEMENTS MADE LIMITED WARRANTY L(!SC(s.. "> . :; GALS. ON BEHALF OF SERVICING DEALER, 1 HEREBY CERTIFY THAT THE Service/Parts are warranted LABOR AMOUNT 0.00 INFORMATION CONTAINED HEREON IS ACCURATE UNLESS OTHERWISE il 12 h 7 PARTS AMOUNT 0 00 SHOWN SERVICES DESCRIBED WERE PERFORMED AT NO CHARGE TO m es mont s, . . whichever occurs first. This OWNER. THERE WAS NO INDICATION FROM THE APPEARANCE OF THE warranty does not exclude or GAS, OIL, LOBE 0.00 VEHICLE OR OTHERWISE, THAT ANY PART REPAIRED OR REPLACED m dif th t SUBLET AMOUNT UNDER THIS CLAIM HAD BEEN CONNECTED IN ANY WAY WITH ANY o y any o er warran y 0.00 ACCIDENT N prescribed by law. Labor , EGLIGENCE OR MISUSE. RECORDS SUPPORTING THIS CLAIM charges are based on prevailing DISCOUNTS 0.00 ARE AVAILABLE FOR (t) YEAR FROM THE DATE OF PAYMENT NOTIFICATION AT THE SERVICING DEALER FOR INSPECTION BY hourly labor rates - TOTAL CHARGES 0.00 MANUFACTURER'S REPRESENTATIVE. times motors manual LESS INSURANCE 0 00 suggested time schedule. . SALES TAX 0.00 (SIGNED) DEALER, GENERAL MANAGER OR AUTHORIZED PERSON (DATE) CUSTOMER SIGNATURE PLEASE PAY THIS AMOUNT 0 .00 CUSTOMER COPY . UNIT# 11-AO04 CHARLES W POE 5300952 JANE A POE 109 HERSHEY RD SHIPPENSBURG, PA 17257 HOME:717-530-0952 BUS:717-267-9656 185632 *INVOICE* PAGE 1 SUTLIFF CAPITAL FORD 1000 Paxton Street CIKA P.O. Box 1737 Harrisburg, PA 17105 (717) 233-4521 oR (717) 232-FORD (3673) FAX. (717) 233-2311 SERVICE ADVISOR: T797 02SEP06 OPTIONS: STK:26237 DLR:03374-1 ENG:3.0L_4V_V6 RN:6-SPD AUTO 1)FILE ................................................... ............ . DIf ,'f TERMS: STRICTLY CASH UNLESS ARRANGEMENTS MADE LIMITED WARRANTY TOTALS ON BEHALF OF SERVICING DEALER, I HEREBY CERTIFY THAT THE arranted Service/Parts ra LABOR AMOUNT INFORMATION CONTAINED HEREON IS ACCURATE UNLESS OTHERWISE SHOWN SERVICES DESCRIBED WERE PERFORMED AT NO CHARGE TO o 1 2 w 12,000 miles PARTS AMOUNT . 12X00ver occurs first. whichever This OWNER. THERE WAS NO INDICATION FROM THE APPEARANCE OF THE warranty does not exclude or GAS, Oil, LUBE VEHICLE OR OTHERWISE, THAT ANY PART REPAIRED OR REPLACED UNDER THIS CLAIM HAD BEEN CONNECTED IN ANY WAY WITH ANY modify any other warranty SUBLET AMOUNT Prescribed by law. labor ACCIDENT, NEGLIGENCE OR MISUSE. RECORDS SUPPORTING THIS CLAIM charges are based on prevailing DISCOUNTS ARE AVAILABLE FOR (1) YEAR FROM THE DATE OF PAYMENT hourly labor rates - TOTAL CHARGES NOTIFICATION AT THE SERVICING DEALER FOR INSPECTION BY ' times motors manual MANUFACTURER S REPRESENTATIVE. suggested time schedule. LESS INSURANCE SALES TAX (SIGNED) DEALER, GENERAL MANAGER OR AUTHORIZED PERSON (DATE) CUSTOMER SIGNATURE PLEASE PAY THIS AMOUNT CUSTOMER COPY 5300952 CHARLES POE 35498 *INVOICE* DUPLICATE 1 PAGE 1 i :at?"att PARSONS INTERSTATE FORD, LLC. 186 WMrwt Bottom Rd. ShIppenstimg PA 17257 Phone: 717-532-88811 ToN Free: 888-436-3673 :.:...:.........:.:..:..:.:.:.::.:..::.:.::.::.::::.:::::..:...:.. .... ............................ **************************************************** SIET1 FREE STATE INSPECTION WITH $43.95 EMISSIONS .:...::....... ....... 1897 CR 43.95 43.95 yy??:yyy.y?}?y+ yyy/' ?! ?: :.:.9 0X-?. ...:.. € :.'< ..:?s 43.55 M1.i'ifl: A.:? :::: ?::.:::: :i:::i? R D PERFORM MULTI-POINT INSPECTION , ::..:.:...:.:.::.::.. :.:.;..:..::: . . Any warranties on the kemRtems sold hereby are those made by the manufacturer. The sailer hereby expressly disclaims all warranties, either express or implied, inclu4lno any implied warranty of rn=hant =. or fitness for a particular purpose and neither assumes not authorizes any other person to assume for k any liability in connection with the sale of this item/items. CUSTOMER SIGNATURE X LABOR AMOUNT PARTS AMOUNT SUBLET AMOUNT MISC. CHARGES TOTAL CHARGES LESS INSURANCE PLEASE PAY THIS AMOUNT r"QTAvww rnvv HOME:717-530-0952 BUS: SERVICE ADVISOR: 109 HERSHEY RD SHIPPENSBURG, PA 17257 Customer Name: C_ .C LO `-oe Year/Model: 04 /-..S ha n Date: I310 7 _ RO/ Tag: 3?:Yf f Mileage Engine 01 z? G°od Factory'Spec Odd' ?l Good 0 Bed Power Steenng : 9 Punps TO, Battery Twa* als Coolarrt Recovery-Reservoir ,. Achml tJold :` (Glean )f rsery) Bad_ MV6 t3ralae Reservoir Wflidovv •VMBShei a ¦ Operation of hom, interior lights, exterior lamps, turn signals, hazard and brake lamps X windsrtt8lF}'a.-. ... f wper and Wlpeiir .. . Windshield for cracks, chips anr! pittr?g Radiator, heater, and air-conditioning hoses for leaks If n `Ertglne ar filter - .. .:_ .. Inspect cabin air filter (if equipped) n Oil and/or fluid leaks ' Constant ;velocity (CYj drive axle boots (it equipped) Bftust system (leaks damage, loose pads) " Drive shaft, transmission, u-joint and shift linkage,(if ,_. equipped) and lubricate (as needed) ¦ Steering and steering linkages - i s and oqw s?u5 riot t Qomponents . _ for leaks and/or damage -15 do (incr ne , `hoses,` Uft rhO txake)-andwheel end for'eri -4play argil k ' ¦ Engine Cooling system, hoses and clamps M- ¦ Accessory drive bee(s) ¦ Clutch v i operation (if egtri State Inspection Due lllf Appiicat?ie)" rp DAY VUR commerItS: TCB IErtH `' 'l RF x'7/32 or Greater 7/32-or Greater 4/32 to 6/32 4)32"to 6/32 3/32 or less 3%32 or less ¦ 7/32 or Greater 7/U_or_Greater 4/32 to 6/32 4/32- to 6/32 3132, or less 3/32 orless ¦ RR Comments: rvici3 ddsor: Technician: (?17 Customer Signature: 2110704 Rev. 07/04 cm4, Ford mow compww, m ftft Reserved Customer Copy 10-37070553 5300952 CHARLES POE 109 HERSHEY RD 40517 PARSONS INTERSTATE FORD, LLC. 186 WdntR Bottom Rd. INVOICE ShWwnbwg, PA 17257 Phony. 7177-532-8868 Toll Free: 886-436-3673 PAGE 1 SERVICE ADVISOR: Any warranties on the Item/Items sold hereby are those made by the manufacturer. The seRw hereby ' =?M''"'`' expressly disclaims all warranties, either express or implied, inchidinp any implied warranty of merchantability LABOR AMOUNT or fitness for a particular purpose and neither assumes nor authorizes any other person to assume for It any PARTS AMOUNT liability in connection with the sale of this item/items. CUSTOMER SIGNATURE X CUSTOMER COPY GAS, OIL, LUKE 0.00 SUBLET AMOUNT 0.00 MISC. CHARGES n nn I LESS INSURANCE I n_ n n PLEASE PAY THIS AMOUNT SHIPPENSBURG, PA 17257 HOME:717-530-0952 BUS: 5300952 CHARLES POE 109 HERSHEY RD SHIPPENSBURG, PA 17257 HOME:717-530-0952 BUS: 41558 PARSONS INTERSTATE FORD, I.I.C. *INVOICE* 186 Wak" Bottom Rd. , 17267 Phone: 7177-532 32-8888 DUPLICATE 2 Toll Fme: 888-436-3673 PAGE 1 SERVICE ADVISOR: Any warranties on the ItemAtems sold hereby are those made by the manufacturer. The seller hereby expressly disclaims all warranties, either express or Implied, including any impaled warranty of merchantability or fitness for a particular purpose and nehher assumes nor authorizes any other person to assume for it any liability in connection with the sale of this Item/items. CUSTOMER SIGNATURE X CUSTOMER COPY PARTS AMOUNT GAS, OIL, LUKE CHARGES LESS INSURANCE SALES TAX PLEASE PAY THIS AMOUNT LINE P NET ..:...;:.>....... ........... .:......:.:..:............:.....: :.::.;::..:..:.;;:.....:.....:..r..:.:;.........,_ ......:...........:................::::.::.::.;::> ::.:::>;;::::»:>::>;.;;.::.::.::;;; ;;;::.;:.:.::.:......:::.::::.:;:<.;:. .:: Xi SIET1 FREE ... TATE . INSPECTION.._WITH....$43....95... :EMISSIONS_...,- . . :... 820.0........... CR ................... 43.95 43.95 ......... ..... ....... .... ...... ........ r ............. .i:... ...... r. r ., .:4. .#....:..:..:::... .. ............ ......... ........ ... .?R:i:;:.::.::.::.>;::;;;;.L:•:;?:. :.:r:. !e!::.::;.::>:.;.. . 35498 F7 TOMER INFORMATIO PARSON'S INTERSTATE FORD Work Order: 1849 196 WALNUT BOTTOM ROAD SHIPPENSBURG, PA 17257 1 Gal 19Gf110 ? POE First Name Address FC-- 109 HERSHEY RD LOT 4 ? CHARLES W i---------J Address2 Cry CUMBER_ LAND City rSHIPPENSBURG State Zip I PA; 17257 - --? i L L Home Pane ---- - - - - - -. - Work Phone '----------' J Contact -------- Work Phone Exl - (717)532-8888 Date: 4/13/2007 VEHICLE INFORMATION VINO Plate# Year Make Body FORD SDN F0-6] F- ?3FAFP07126R133944 G"505 u Old Odom Current Odom Model Fleet rr26 9622 FUSION -= Engine Transmission Anti-Tamper Exempt I I I -INSURANCE INFORMATION- - - - -------- Insur. Co.: - - --- - - --- - ees Dots: --- ERIE INSURANCE EXCHANGE 19/28/2007 1 003 2810747 H Qty Description 1- INSPECTION STICKER 431 ANNUAL IN 1-- --i , T?spection Cost i ---1 --- - --- ----- - _--_--_ I 1 i A -L T ii I i l-- i Inspection into-- ----, f-'v mud, /-%ntl- 1 dl IIPCI 111 Y Registration Verified -- i I I - Catalytic Converter Y Steering / Suspension - Fuel Inlet Restrictor Y Exhaust System - PCV Valve Y Fuel System - EGR Valve Y Glaring. Nfrrors I - Air Pump Y Lightings, Wiring, Switches - Evaporative Control System F y - Body, Doors, Latches - _---- ------ ! -? INSPECTION RESULTS Y Brake System i Y- - -- -- - ----- - :. -Y - - - Road Test . - __. - - -' ! I PASS Brakes and Suspension-- - ------ ----- -- -- - -- --- Brakes Tiret / 32nds Drums /Rotors ! Left Front Right Front Lett rrom Right Front Left Front Right Front 10 B 8 8 9 B 8 8 Left Rear Right Rear Left Rear Right Rear Left Rear RLeft Front Right Front Left Rear Right Rear Suspension Lower IUpper Lower IUpper Lower IUpper Lower IUpper Copyright 0 2003 - 2006 CompuSpections Inc. www.oompuspWions.com i-Inspection Info- Inspection Date Inspect Type Oki Sticker 4/132007 ANNUAL Book Inside/Outskie Sticker Expires 431AI {NSIDE ® 08 Sticker Month Year AI7-5120118 Emissions Sticker * MechaniciD I- IM72815534 !! DUSTIN BLACK I Sublet: Labor: Parts: Total Labor and Parts: Tax: Invoice Amount: CIM Signature: - DUSTIN BLACK liiiiiiiiiiiiiiiiiiiiillilloillillillI VIN 3FAFP07126R133944 COMMONWEALTH OF PENNSYLVANIA VEHICLE EMISSIONS INSPECTION REPORT TITLE 6390481280 •re . r--rr:...e• M11'117nn7 n nu•12 VEHICLE INFORMATION Year: 2006 Make: FORD Model: FUSION VIN: 3FAFP07126RI33944 Engine Size (cc): 3000 Cylinders: 6 Odometer: 9622 GVWR: 00000 Estimated Test Weight: 00000 License: GGY6505 Inspection Type: INITIAL Record Number: 1981 Coun : CUMBERLAND EMISSIONS CONTROL SYSTEMS VISUAL/FUNCTIONAL INSPECTION Air Inj. System: N/A Catalytic Converter: N/A Fuel Cap Integrity: PASS EGR System: N/A Evaporative Control System: N/A PCV System: N/A Fuel Inlet Restrictor N/A OBD EMISSIONS INSPECTION MIL BULB KOEO: PASS OBD FAULT CODE RESULT: N/A MIL BULB KOER: PASS OBD READINESS RESULT: N/A MIL COMMAND STATUS: N/A OBD-I/M CHECK RESULT: N/A OVERALL TEST RESULTS: PASSED Emissions Control Systems Visual/Functional Inspection: PASS OBD Emissions Inspection: N/A Sticker: IM72815534 TIN: 059553834 Based on the information gathered during an attempt to perform an On Board Diagnostic test, NO Signal was available from the On Board Diagnostic computer system. This vehicle should produce a signal from the On Board Diagnostic computer system. This vehicle needs to have the above problem corrected prior to next ear's emissions inspection. RETAIN THIS DOCUMENT FOR YOUR RECORDS. Vehicle tested in accordance with Pa. Code Title 67, Chapter 177 EMISSIONS INSPECTION STATION STATION #: AC22 INSPECTOR NAME: DUSTIN R BLACK STATION NAME: PARSONS INTERSTATE FORD EQUIPMENT ES006837 ADDRESS: 196 WALNUT BOTTOM RD. SHIPPENSBURG 'PA 17257-0000 PHONE: 717 532-8888 SOFTWARE VERSION: 0602 VEHICLE EMISSIONS INSPECTION QUESTIONS: For additional information, please contact the Inspector's Customer Hotline at (800) 265-0921. Signature: 41.558 PARSON'S INTERSTATE FORD Work Order: 3682 196 WALNUT BOTTOM ROAD SHIPPENSBURG, PA 17257 7!!E - -? First Name Address CHARLES W ZERSHEY RD LOT 4 = -? county D city state Zip S IPPENSBURG _] PA 17257 Home Peons Work Phone Contact Work Phone Ext (717)532-8888 Date: 06/13/2008 -VEHICLE INFORMATION-------------------- ----------__---- VINS Plates Year Make Body [3FA126R13 C9] GGY6505 FORD -] [-SDN Old = FP07 -? Engine Transmission Anti-Tamper Exempt i V6, 3.OL --- 1 - - --? - - --? INSURANCE INFORMATION- 7 Inver. Co.: Emwes DAN: _ i ERIE INSURANCE EXCHANGE J 82008 -I I Q03 2810747H -PAK 15------ Qty Description - - ^I INSPECTION STICKER 431 ANNUAL IN -- -- ?1 _--- ?Tota{Inspection Cost - ? i /•....1 A _L: T Labor Description _ STATE INSPECTION 431 ANNUAL IN r Total Inspection Cost , _- I -- - ------ --- - Inspection InTo -- V MUM PM Ill- 1011 t 1POI tt 1y -- F y Registration verified 1 - Catalytic Converter ?y Steering / Suspension - Fuel Inlet RestricIlor - - -- .-- i Y -- Exhaust system ( PCV Valve 1 I Y. Fuel _ _ EGR Valve y Glazing, Mirrors ] AI Pump y Lightings, Wring, Switches - Evaporative Control System Body, Doors, Latches -_- ? - INSPECTION RESULTS y Brake System ?- Other PASS y Road Test - Brakes and Suspensiol Brakes Left Front Right Front 6 B 5 B Left Rear Right Rear Tire-/ 32nds Len wont Right Front 7 1 7 Left Rear Right Rear 7 f 7 Drums /Rotors Left Front , Right Front Left Rear I Right Rear Left Front Right Front Left Rear Right Rear ion Lower IUpper Lower IUpper Lower IUpper Lower IUpper -Inspection In - --- Inspection Date Irlapect Type Old Sticker 06J132006 ANNUAL Book InaidelOutside Sticker Expires - 431AI INSIDE 61 106 Sticker Month Year I AI8-5222534 -? Emissions Sticker # MecharaclD ?IM83948765 JEREMY EDWARD MOO Sublet: Labor: Parts: Total Labor and Parts: Tax: Invoice Amount: CIM Signature: Copyright 0 2M - 2006 compuSpections Inc. www.compuspections.com MOE IVIN 3FAFP07126R133944 all COMMONWEALTH OF PENNSYLVANIA 111111111 VEHICLE EMISSIONS INSPECTION REPORT TITLE 63OW121 VEHICLE INFORMATION Year: 2006 Make: FORD Model: FUSION VIN: 3FAFP07126RI33944 Engine Size (cc): 3000 Cylinders: 6 Odometer: 26229 GVWR: 00000 Estimated Test Weight: 00000 License: GGY6505 Inspection Type: INITIAL Record Number: 2946 Coun : CUMBERLAND EMISSIONS CONTROL SYSTEMS VISUAL/FUNCTIONAL INSPECTION Air Inj. System: N/A Catalytic Converter: N/A Fuel Cap Integrity: PASS EGR System: N/A Evaporative Control System: N/A PCV System: N/A Fuel Inlet Restrictor N/A OBD EMISSIONS INSPECTION MIL BULB KOEO: PASS OBD FAULT CODE RESULT: PASS MIL BULB KOER: PASS OBD READINESS RESULT: _ PASS MIL COMMAND STATUS: PASS OBD-I/M CHECK RESULT: PASS OVERALL TEST RESULTS: PASSED Emissions Control Systems Visual/Functional Inspection: PASS OBD Emissions Inspection: PASS Sticker: IMS3948765 TIN: 079183764 RETAIN THIS DOCUMENT FOR YOUR RECORDS. Vehicle tested in accordance with Pa. Code Title 67, Chapter 177 EMISSIONS INSPECTION STATION STATION #: AC22 INSPECTOR NAME: JEREMY E MOE STATION NAME: PARSONS INTERSTATE FORD EQUIPMENT #: ES006837 ADDRESS: 196 WALNUT BOTTOM RD. SHIPPENSBURG PA 17257-0000 PHONE: 717 532-8888 SOFTWARE VERSION: 0602 VEHICLE EMISSIONS INSPECTION QUESTIONS: For additional information, please contact the Inspectors Customer Hotline at (800) 265-0921. Signature: 5300952 CHARLES POE 109 HERSHEY RD SHIPPENSBURG, PA 17257 HOME:717-530-0952 BUS: 40898 INVOICE PAGE 1 PARSONS INMSTATE FORD, LLC. 186 WakM Bottom Rd. SMppanaburp, PA 17257 Phone: 711-532-8888 ToN Free: 888436-3673 FC: A99 82 COUNT: -' i:::::•::.:::'.i:::: ii? "? :::::: :::::v:i::::::i::' :ii::: •:::::':::::::i ii:':`:y::isi:i?:::i`:::ii:`.:::::::.:` ,?:. ! {. jj.:: :i....:..... :: '.Y:j::i::......: j::4. :?: {. :i .::::....:: ::i:::::::Y::;::'..... ......:?':. .....:::: ?::i:::::.i::i:: AUTH CODE: ......... .......... PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE . .... A: 0.00 :::::::.:,::::::...::::.::.................................... . 24140 CHANGED OIL AND OIL FILTER ik?# ale. .................................................................................... . B PERFORM MULTI-POINT INSPECTION :.; ::-;:,;;:;.>;::.; ;;:......:..... 1703 CR 0..0.0 ......... .........0.00.. -XT :>IIA1`'1':::.EAY..: l*TCKLU.. A17..IC A 1703 CR 0.00 .... .. . ... ... .......... ......0.....00 4>:.3:2>:TtJ?: `><:i;»:<:;.:>:.;::>.:::>:> :; 1 ::>:::< ;:;>...... :<: 1703 CR 0.00 0.00 :: :: ::: : .: yy?(y?. :: .. :?.:::: :::::::::::::: .:::.({?(_?:. ?. .. .:..:: .:, :.r.:c.:.s:.::>:.::<.::;<..::.:.::..i,.yr::':..{?.y;,.¦/??.....:.: .. .. ::.?.?.?:. ?:::. ?:::: :.: .: .,}?y},:. .. .:::: .:? :: :.: Y?:.Fi?:??::?:::.:: ?f?.. ..?.?.:.? :::::::..:::::::.:::Y...I:.M..Y..n?:.:..W?.I1.1.T?A#.:V.......................nI...I.?:11............ ..i :.:::.:::.:i:i:ii::<.: Any warranties on the itemtitems sold hereby are those made by the manufacturer. The seller hereby :: --•--`'i"''-""'?` '-- expressly disclaims all warranties, either express or implied, WwJudkV any implied warranty of merchantability LABOR AMOUNT or fitness for a particular purpose and neither assumes nor,aa?horizes any other person to assume for It any PARTS AMOUNT liability In connection with the sale of this item/Items. „eG CUSTOMER SIGNATURE X CUSTOMER COPY I MISC. CHARGES 1 0-00 LESS INSURANCE SALES TAX PLEASE PAY THIS AMOUNT CAUSE: 24140 CHANGED OIL AND....OIL...FILTER ...........:...............:::.:::::::::::..: 1 i" r? Muni-Point Inspection Report Card 'as,ReoomMended by Ford. Motor`'Company .Iustomer Name: Ch 4 r l e S PO 15 Year/Model: fie 3; 0^ Date: V a ?-d' ROITag: 410 9 919 Mileage: d' q ! Lib Cabin Air Fitter Oil Filter Engine Air Fitter Spark Plugs Engine Coolant , Tire Rotation Fuel Fitter ® Transmission Fitter Oil Change ® Transmission Fluid This Is only a pwtW Not of vehicle mainfsnarme Nams and to NOT all-Inclusive. Pla wnwit your Owners Manual or visit www.genuirre*wWoo.com for vehicle spedit ra bnetnee requlrarrrw*L :omments: State of Health Cons of Terminals r o °¦ Bad WOMON (:lean if necessary) l% 10090 oediumd Etattiery D LF a Engine ON VN Power Steering WE Transmission equipped with dipstick) Brake Reservoir N §(WhWow Washer Iff -M Coolant Recovery Reservoir hazard and brake interior lights, exterior lamps, turn signals, lamps ? . Radiator, heater, and air-conditioning hoses for leaks and damage ? ¦ Windshield for cracks, chips and pitting ? Windshield washer spray, wiper operation and wiper blades ? ¦ Accessory drive belt(s) ? Brake system (including lines, hoses, and parking brake) and wheel end for end-play and bearing noise ? ¦ ¦ Clutch operation (it equipped) ? Constant velocity (CV) drive axle boots (it equipped) ? Drive shaft, transmission, u-joint and shift linkage (ff equipped) and lubricate (as needed) ? . Engine Cooling system, hoses and clamps ? ¦ Exhaust system (leaks, damage, loose parts) ? on and/or fluid leaks ? ¦ %odaftuts and other suspension components for leaks and/or damage ? . Steering and steering linkages ? STATE MPECTION DUE (IF APPLICABLE) I / ram MY run omments: wvice Advisor: echnician: LR BRAKE MEASUREMENTS NOT TAKEN THIS -SERYICE VISIT Comments: LF T 1T1}I ¦ 7/32- or Greater qF 7/32' or Greater ¦ 4/32- to 6/32• 4/32' to 6/3T ¦ 3132 or less 3/32 or less ¦ ¦ Y32- or Greater 7/32' or Greater ¦ 4132• to 6/3r 413T to 6/32' ¦ 3/32 or less 3/32 or less ¦ LR RR ? Dedlud Tire WEAR PATTERN / DAMAGE ¦ U LR RR M TIRE WEAR INDICATES: _ Atigrtrnent C h%* Needed Wheel Balance Needed Comments: TIRE PRESSURE SET TO FACTORY RECOMMENDED PSI Front Rear Customer Signature: 111107 Rev. oe/o7 CMS, Ford Motor Company, AN Rights Reserved customer copy 12- 4 2 5 5 6 3 7 5300952 CHARLES POE 109 HERSHEY RD SHIPPENSBURG, PA 17257 HOME:717-530-0952 BUS: 39085 PARSONS INTERSTATE FORD. LLC. 186 WWMA Bottom Rd. *INVOICE* Shippm PA 17267 Phorm 51717-5132-8888 DUPLICATE 1 Tol Fr": 888-436-3673 PAGE 1 SERVICE ADVISOR: ENG:3.0 Liter CLAIM TYPE: .i.'. :tii i:;'i:f;i:(i:': Q?i 8..:::.::...:..::.::>::..f?:.:0 ..........T J? ' ... PA S< <:;:. .: ::::, : ..... OIL AND FILTER ::.:................:.::..,.:.: .......aF..0.4.i?..?k.4..?r.,.t...?r„Ir.ar?.# sir. a..[t. . :::.........:::.lr.kaR.C _........................................................ .... ..: B ROTATE TIRES CHECK TIRE WEAR AND ADJUST TIRE PRESSURES :.:....:..::::.. M.:;N.::..I.. 6323 CR 0.-.0.0 .......... ........0...0.0.............. ::.:.LR........................0 .. #?:?...........T?`€' **************************************************** . ':::i:::. - ' .... - ii ':: :::::::.i:iiii:;': -::. . •:::::•'<i i;':::::•y. ::::• •. :::: u!:jt::.?rv?:::.}v:.:}:..,::iii:::•is::::::?iiiiiii::':'i:.:Jii::::: i:'.!.i::.iiiiiiii: ii: iiii}?:_iii:.i::::.iiiii?iiiiiii: ?J: is i...ism. ::`;::::::: .....:ii:i:: : : .. }::::?::::lv:::i::i:::::^:':....:::= . :: :::::.?:::::::.: :):::::.: :::: ?:::i: ::::: . M99P PERFORM MULTI-POINT INSPECTION ><<><> PARTS: 0.00 LABOR: 0.0.0. OTHER: 0.00 TOTAL LINE. C- 0.00 20050 COMPLETED .: ::;:i:,:?::iii'.is ;::: < :: : : ;: ; :. : ;: -: : : - : :. ;;;. ? :_ ; :; .i: ; : :; ;;; : ,:;:...:;::;;.: ::;::.:: .:; -;i; <; >;i i: :.::.:::::.::.::::.::.:.::::•. .. ..: .fR' .:R.ik.lk:It.a1•?l:fk#t.aTr.*:ak.aksak.?iF*. ft.it: k. ?R.?lr t.?Trl ?t. rR.)T?yk.aXt.f atw.f1311: Jt>::::::;:.:..:::.::: ::.::..:?:::.....:....................... ......._ . ... .. ......................... :. :: :::: : : ;.::;<:.:;.i;:. . ,:::. .._...............::.. :.::.:..:....... ... . . . . ..;:.:>iii:<.:..:>. :: D** CUSTOMER REQUEST CHECK TRANSMISSION ....FLUID ....-....WAS . THOUGHT : LEVEL. ...................... .................................:..::::::::::::::::::::::::::.:::.:..:..::::....:.....:...:.:::.::.:.::.:::.:::::::;..:...::............::.:...:.:.....:..::..:i.:::.::.. ;:: ...................... :. ............................. . .................. ....:: .. . ,. . :.._.. : :: ::::::::::.: .:: ::: , : :.:.:::: ::::.::.:: :: : : WAS :::: ::.::..:..::....:.:.......... ......:....:.... ::.::.::::: :. > . .:.:..:...::::::::::::::::::::.:...... ............ : : : : ............ .......... ...._ .. . . . .......... .. .... .... . : : :: :: . . :: : . :.ii';::..... : . ........_..... . . . . M NO OPERATION CODE Any warrarnies on the itemrtems sold hereby are those made by the manufacturer. The seller hereby expresay disclaims all warranties, either express or implied, including any implied warranty of merchantability or fitness for a particular purpose and neither assumes nor authorizes any other person to assume for it any PARTS liability in connection with the sale of this itemJitems. r_sc n CUSTOMER SIGNATURE X I AMSC. CHARGES LESS INSURANCE SALES TAX PLEASE PAY THIS AMOUNT f%"QTAWvv P^vv 5300952 CHARLES POE 109 HERSHEY RD SHIPPENSBURG, PA 17257 HOME:717-530-0952 BUS: 39085 PARSONS INTERSTATE FORD, LLC. 196 Wak" Bottom Rd. *INVOICE* Sh4igiersbu PA 17257 Phorm. -532-6888 DUPLICATE 1 Toil Frog: 888'436-3673 PAGE 2 SERVICE ADVISOR: ENG:3.0 Liter x. x Any warranties on the item/items sold hereby are those made by the manufacturer. The seller hereby "LABOR AMOUNT expressly disclaims aN warranties, either express or Implied, including any Implied warranty of merchantability or fitness for a particular purpose and neither assumes nor authorizes any other person to assume for It any PARTS AMOUNT liability in connection with the sale of this Item/items. I' GAS. OIL. LUKE CUSTOMER SIGNATURE X MISC. CHARGES TOTAL CHARGES LESS INSURANCE SALES TAX PLEASE PAY THIS AMOUNT CUSTOMRR COPY C: Q f } " ?. co ern w = co -< D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Charles Poe and Jane Poe, CIVIL DIVISION Plaintiffs, NO.: 08-4019 vs. Ford Motor Company, PROOF OF SERVICE Defendant. Filed on behalf of Plaintiff: Charles Poc and Jane Poe COUNSEL OF RECORD FOR 'PHIS PARTY: Craig Thor Kimmel, Esquire Identification No. 57100 Robert A. Rapkin, Esquire Identification No. 61628 KIMMEL & SILVERMAN, P.C. 30 East Butler Pike Ambler, PA 19002 (215) 540-8888 j ?* IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Charles Poe and Jane Poe, Plaintiffs, V. Ford Motor Company, CIVIL DIVISION No.: 08-4019 Defendant. PROOF OF SERVICE TO THE PROTHONOTARY: Service of the complaint regarding the above captioned matter was made to Ford Motor Company, Office of the Secretary, One american Road 10`" floor, Dearborn, MI 48126, on 07/10/08, via U.S. First Class Mail, Certified /Return Receipt Requested. A representative of Defendant signed the return receipt on 07/14/08, a copy of which is attached. KIMMEL & SILVERMAN, P.C. Craig 'I' r Kimmel, Esquir Robert Rapkin, Esquire Attorneys for Plaintiff(s) 30 East Butler Pike Ambler, PA 19002 (215) 540-8888 ¦ AtWv or on Me ft4 NP R s. Aatr o Ad*nvsdto: Ford Motor Company Office of the Secretary One American Road, 10th Floor Dearborn, MI 48126 NT SERV r- 00% of o t " , W.q'www#" Q ape" me V xn ftoo* forJ1riW*Mdlse Q InKnoO Meal ? C.O.D. 4. F40ftW ME ft Fsq ? Yes 2. Ardcb Number _ (ftow rra aw"te 7007 022 0002 6233 2332 PC ft! wi Nil, Doom* now *so** c-? 4?. -rj -`- W O -TI Ts .. A?1 3?} IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES POE AND JANE POE, Plaintiffs, V. FORD MOTOR COMPANY, Defendant. CIVIL DIVISION CASE NO. 08-4019 ANSWER AND NEW MATTER AND NOW, comes defendant, Ford Motor Company, by its attorneys, Dobis, Russell & Peterson, P.C., and files the within Answer and New Matter as follows: ANSWER 1. Admitted. 2. Ford denies the accuracy of the address for its principle place of business, but admits the balance of the allegations contained in this paragraph. BACKGROUND 3. Ford denies the accuracy of the VIN for the subject vehicle, but admits the balance of the allegations contained in this paragraph. 4. Admitted. 5. Ford denies that this is an accurate statement regarding the purchase price of the subject vehicle. 6. Ford denies that this is an accurate statement regarding the limited warranty applicable to the subject vehicle. 7. Ford denies that this is an accurate statement regarding the limited warranty applicable to the subject vehicle. 8. Ford denies that this is an accurate statement regarding the limited warranty applicable to the subject vehicle. 9. Ford specifically denies the allegations contained within this averment. 10. Ford specifically denies the allegations contained within this averment. AS TO COUNT I 11. Ford repeats and reiterates its answers to the allegations of paragraphs 1 - 10 with full force and effect as though more fully set forth. 12. Inasmuch as this paragraph constitutes a statement of law and does not state a claim for relief, Ford makes no answer thereto, but insofar as it may be intended or purport to set forth a claim for relief against it, it is denied. 13. Inasmuch as this paragraph constitutes a statement of law and does not state a claim for relief, Ford makes no answer thereto, but insofar as it may be intended or purport to set forth a claim for relief against it, it is denied. 14. Inasmuch as this paragraph constitutes a statement of law and does not state a claim for relief, Ford makes no answer thereto, but insofar as it may be intended or purport to set forth a claim for relief against it, it is denied. 15. Defendant denies the existence of any defects or non-conformities that substantially impair the use, value or safety of the subject vehicle. 16. Defendant denies the existence of any defects or non-conformities that substantially impair the use, value or safety of the subject vehicle. 17. Inasmuch as this paragraph constitutes a statement of law and does not state a claim for relief, Ford makes no answer thereto, but insofar as it may be intended or purport to set forth a claim for relief against it, it is denied. 18. Inasmuch as this paragraph constitutes a statement of law and does not state a claim for relief, Ford makes no answer thereto, but insofar as it may be intended or purport to set forth a claim for relief against it, it is denied. 19. Defendant denies the existence of any defects or non-conformities that substantially impair the use, value or safety of the subject vehicle. 20. Defendant denies the existence of any defects or non-conformities that substantially impair the use, value or safety of the subject vehicle. 21. Defendant denies the existence of any defects or non-conformities that substantially impair the use, value or safety of the subject vehicle. 22. Defendant denies the existence of any defects or non-conformities that substantially impair the use, value or safety of the subject vehicle. 23. Ford specifically denies the allegations contained within this averment. 24. Ford specifically denies the allegations contained within this averment. 25. Ford specifically denies the allegations contained within this averment. 26. Ford specifically denies the allegations contained within this averment. 27. Defendant denies the existence of any defects or non-conformities that substantially impair the use, value or safety of the subject vehicle. AS TO COUNT II 28. Ford specifically denies the allegations contained within this averment. 29. Inasmuch as this paragraph constitutes a statement of law and does not state a claim for relief, Ford makes no answer thereto, but insofar as it may be intended or purport to set forth a claim for relief against it, it is denied. 30. Ford repeats and reiterates its answers to the allegations of paragraphs 1 - 29 with full force and effect as though more fully set forth. 31. Inasmuch as this paragraph constitutes a statement of law and does not state a claim for relief, Ford makes no answer thereto, but insofar as it may be intended or purport to set forth a claim for relief against it, it is denied. 32. Inasmuch as this paragraph constitutes a statement of law and does not state a claim for relief, Ford makes no answer thereto, but insofar as it may be intended or purport to set forth a claim for relief against it, it is denied. 33. Inasmuch as this paragraph constitutes a statement of law and does not state a claim for relief, Ford makes no answer thereto, but insofar as it may be intended or purport to set forth a claim for relief against it, it is denied. 34. Ford denies that this is an accurate statement regarding the limited warranty applicable to the subject vehicle. 35. Inasmuch as this paragraph constitutes a statement of law and does not state a claim for relief, Ford makes no answer thereto, but insofar as it may be intended or purport to set forth a claim for relief against it, it is denied. 36. Ford specifically denies the allegations contained within this averment. 37. Inasmuch as this paragraph constitutes a statement of law and does not state a claim for relief, Ford makes no answer thereto, but insofar as it may be intended or purport to set forth a claim for relief against it, it is denied. 38. Ford specifically denies the allegations contained within this averment. 39. Ford specifically denies the allegations contained within this averment. 40. Ford specifically denies the allegations contained within this averment. 41. Ford specifically denies the allegations contained within this averment. 42. Inasmuch as this paragraph constitutes a statement of law and does not state a claim for relief, Ford makes no answer thereto, but insofar as it may be intended or purport to set forth a claim for relief against it, it is denied. 43. Ford specifically denies the allegations contained within this averment. 44. Inasmuch as this paragraph constitutes a statement of law and does not state a claim for relief, Ford makes no answer thereto, but insofar as it may be intended or purport to set forth a claim for relief against it, it is denied. AS TO COUNT 111 45. Ford repeats and reiterates its answers to the allegations of paragraphs 1 - 44 with full force and effect as though more fully set forth. 46. Inasmuch as this paragraph constitutes a statement of law and does not state a claim for relief, Ford makes no answer thereto, but insofar as it may be intended or purport to set forth a claim for relief against it, it is denied. 47. Inasmuch as this paragraph constitutes a statement of law and does not state a claim for relief, Ford makes no answer thereto, but insofar as it may be intended or purport to set forth a claim for relief against it, it is denied. 48. Inasmuch as this paragraph constitutes a statement of law and does not state a claim for relief, Ford makes no answer thereto, but insofar as it may be intended or purport to set forth a claim for relief against it, it is denied. 49. Inasmuch as this paragraph constitutes a statement of law and does not state a claim for relief, Ford makes no answer thereto, but insofar as it may be intended or purport to set forth a claim for relief against it, it is denied. 50. Inasmuch as this paragraph constitutes a statement of law and does not state a claim for relief, Ford makes no answer thereto, but insofar as it may be intended or purport to set forth a claim for relief against it, it is denied. 51. Inasmuch as this paragraph constitutes a statement of law and does not state a claim for relief, Ford makes no answer thereto, but insofar as it may be intended or purport to set forth a claim for relief against it, it is denied. 52. Inasmuch as this paragraph constitutes a statement of law and does not state a claim for relief, Ford makes no answer thereto, but insofar as it may be intended or purport to set forth a claim for relief against it, it is denied. 53. Ford specifically denies the allegations contained within this averment. . 54. Inasmuch as this paragraph constitutes a statement of law and does not state a claim for relief, Ford makes no answer thereto, but insofar as it may be intended or purport to set forth a claim for relief against it, it is denied. NEW MATTER 55. The subject vehicle does not have a non-conformity, defect or condition which substantially impairs its use, value or safety. 56. Plaintiff failed to permit defendant a reasonable number of attempts to repair the alleged non-conformity, defect, or condition, or otherwise failed to give defendant a reasonable opportunity to cure the defect. 57. The alleged non-conformity, defect or condition is the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle. 58. Any and all injuries and damages sustained were the result of a third party over whom this party had no control. WHEREFORE, this defendant requests this Honorable Court to enter judgment in its favor. DESIGNATION OF TRIAL COUNSEL PLEASE TAKE NOTICE that PAUL K. RUSSELL, ESQ., is hereby designated as trial counsel. CERTIFICATION OF COUNSEL I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. CERTIFICATION I hereby certify that a copy of the within document has been filed with the Prothonotary's Office in the Court of Common Pleas of Cumberland County, PA, Civil Action and that a copy of the same was served upon all interested attorneys within the period of time allowed in accordance with the Rules of the Court. DOBIS, RUSSELL & PETERSON, P.C. Attorneys for defendant, Ford Motor Company BY: PAUL K. RUSSELL, I.D. #70882 213 Yates Avenue Woodlyn, Pennsylvania 19094 (610) 689-8698 DATED: August 8, 2008 CERTIFICATE OF MAILING I, Paul K. Russell, Esq., do hereby certify that service of a true and correct copy of the within defendant's, Ford Motor Company, Answer with New Matter to Plaintiffs Complaint was made on this 8th day of August, 2008, to the below listed counsel by United States mail, postage prepaid. Craig Kimmel, Esq. KIMMEL & SILVERMAN 30 East Butler Pike Ambler, PA 19002 -?.. ?? ?' °r7 ? e ?- ?`' ?S .?. ..; ?i ;? ` :? ?_? --•? ??4 Craig Thor Kimmel, Esquire Identification No. 57100 Robert A. Rapkin, Esquire Identification No. 61628 KIMMEL & SILVERMAN, P.C. 30 East Butler Pike Ambler, PA 19002 (215) 540-8888 ATTORNEYSFOR PLAINTIFFS CHARLES POE AND JANE POE V. FORD MOTOR COMPANY COURT OF COMM Cumberland County PLEAS NO. 08-4019 PLAINTIFF'S ANSWER TO NEW MATTER OF DEFENDANT, FORD MOTOR COMPANY 55. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 56. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 57. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 58. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Plaintiff respectfully demands judgment against Defendant in an amount equal to the contract price of the subject vehicle, plus all collaterar charges d attorney fees. f & SILVE14MAN, P.C. No. 6 30 East Butler Pike Ambler, Pennsylvania 19002 (215) 540-8888 I VERIFICATION Robert A. Rapkin, Esquire, states that he/she is the attorney for the Plaintiffs herein; that he/she is acquainted with the facts set forth in the foregoing Answer to New Matter; and that same are true to the best of his/her knowledge, information and belief. This statement is being made subject to the penalties c authorities. 30 East Butler Pike Ambler, Pennsylvania 19002 (215) 540-8888 y- f 1 CERTIFICATE OF SERVICE I, Robert A. Rapkin, Esquire, counsel for Plaintiffs, do hereby certify that I served all parties with true and correct copies of the foregoing Answer to New Matter, by placing same in the United States Mail, First Class, Postage Paid addressed as follows: Paul K. Russell Dobis, Russell & Peterson P.C. 326 South Livingston Avenue Livingston, NJ 07039 -- Id kific )io 628 Attorney for Plaintiffs 30 East Butler Pike Ambler, Pennsylvania 19002 (215) 540-8888 Date: 13th day of August 2008 C7 ^? C -r rTI; a'Y Y C.. co gfra CZ) Robert A. Rapkin, Esquire Identification No. 61628 KIMMEL & SILVERMAN, P.C. 30 East Butler Pike Ambler, PA 19002 (215) 540-8888 CHARLES POE AND JANE POE V. FORD MOTOR COMPANY COURT OF COMMON PLEAS Cumberland County 08-4019 ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFFS Kindly mark the above matter as settled, discontinued and ended. KIMMEL & SILVERMAN, P.C. By: &tjj ?&- - 10 RO ER A. , ESQUIRE Attorney for Plaintiffs 30 East Butler Pike Ambler, Pennsylvania 19002 (215) 540-8888 o i?